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HomeMy WebLinkAbout1988-04-05 Minutes Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a Public Hearing on Tuesday, April 5, 1988. Chairman Tourville called the hearing to order at 7:10 p.m. Present: Welk, Vermeulen, Drilling, Lindgren, and Council liaison Burgstahler. The purpose of the hearing was to hear all persons present regarding a request for a variance for a lot split to split off the following described piece: That part of the East 246.44 feet, as measured at right angles, of the Southeast Quarter of the Northeast Quarter of Section 23, Township 31, Range 22, Anoka County, Minnesota, lying North of a line described as commencing at the Northeast corner of said Southeast Quarter of the Northeast Quarter; thence South along the East line thereof for 310.89 feet to the actual point of beginning of the line to be hereby described; thence deflect 90 degrees 58 minutes 00 seconds to the right in a Westerly direction for 246.48 feet, more or less, to intersect with and terminate at the West line of said East 246.44 feet. from the following described parcel: COM AT A PT ON S LINE OF SD 1/4 1/4 DIST 724.04 FT W OF SE COR THERE OF, TH W ALG SD S LINE TO SW COR OF SD 1/4 1/4, TH N ALG W LINE OF SD SE 1/4 OF NE 1/4 530 FT, TH S 89 DEG 13 MIN E 210 FT, TH S 32.10 FT, TH S 50 DEG 23 MIN E 109.72 FT, TH N 39 DEG 37 MIN E 146 FT + OR - TO C/L OF CO DIT NO 47, TH NWLY ALG SD C/L TO INTER /W A LINE RUN PRLL /W & 360 FT E OF W LINE OF SD SE 1/4 OF NE 1/4, TH N ALG SD PRLL LINE TO N LINE OF SD 1/4 1/4, TH E ALG SD N LINE ON A PRG OF S 89 DEG 19 MIN E TO A PT DIST 831.5 FT E OF NW COR OF SD SE 1/4 OF NE 1/4 OF, TH S 212.6 FT, TH S 88 DEG 32 MIN E 125 FT, TH N 214.3 FT TO N LINE OF SD 1/4 1/4, TH E ALG SD N LINE TO NE COR OF SD 1/4 1/4, TH S ALG EA LINE THERAEOF 311.37 FT, TH W PRLL /;7 THE N LTNE OF SD SE 1/4 OF NE 1/4 TO E LINE THEREOF, TH S ALG SD E LINE TAO SE COR OF 5D 1/4 1/4, TH W ALG SD S LINE TO C/L OF CO RD 54, TH NLY ALG SD C/L TO INTER C/L OF CO DIT NO 47, TH NWLY ALG SD DIT C/L TO INTER /W A LINE RUN N FROM THE PT OF COM AS MEAS AT RT ANG TO S LINE OF SD SE 1/4 OF NE 1/4 TH S TO PT OF COM EX RDS SUBJ TO EASE OF RECORD. Chairman Tourville asked for comments from the audience. The following people asked questions and made comments: Randy Shriver, 1981 Main Street George Haberman, 7288 Mill Road Leon L'Allier, 1973 Main Street Gerald Rehbein, 6266 Otter Lake Road, Lino Lakes Hearing ended at 7:13 p.m. Planning & Zoning Commission Meeting Page 2 April 5, 1988 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a second public hearing on Tuesday, April 5, 1988. Chairman Tourville called the hearing to order at 7:13 p.m. Present: Welk, Vermeulen, Drilling, Lindgren and Council liaison Burgstahler. The purpose of the hearing was to hear all persons present regarding variance requests to erect a canopy over gas pumps from the required setback of 69 feet to 50 feet from the edge of the traveled roadway of County Road 14, and a variance for gas pumps 55 feet from the edge of the traveled roadway. (A third variance request to erect a car wash 5 feet from the property line, within the required 20 foot side lot setback was canceled.) John Stewart and Bryan Miller, City Engineers, were present. Mr. Stewart explained some of the setback requirements and how they apply to this particular property. Chairman Tourville asked for comments from the audience and Commission members. There were no comments. Hearing adjourned at 7:38 p.m. Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held its regular meeting on Tuesday, April 5, 1988. Chairman Tourville called the meeting to order at 7:38 p.m. Present: Welk, Vermeulen, Drilling, Lindgren and Council liaison Burgstahler. Motion by Lindgren, second by Drilling to accept the minutes of the March 22, 1988 meeting, motion carried unanimously. APPEARANCES Gerald Rehbein presented a sketch plan for a proposed 47 lot development on the 20 acres east of Shad Avenue and north of Main Street. The property is currently zoned Rural Residential and Commercial and he plans to ask for rezoning to R -2A. Members of the audience asked questions and made comments concerning drainage into and out of the pond that is in the northeast corner of the property, rezoning, MUSA extension, berms needed, and concerns with over - populating the schools because of the R -2A developments. Tax Increment financing and its impact on the schools was also discussed. Persons expressing concerns and making comments: George Haberman, 7288 Mill Road Planning and Zoning Meeting Minutes Page 3 April 5, 1988 Leon L'Allier, 1973 Main Street Sonny DaBruzzi, Ro -So Contracting, 7137 - 20th Avenue North Bob Burgstahler the Council liaison, Dick Hubers from the Economic Development Task Force, and members of the Commission also asked questions and made comments. Motion by Drilling, second by Lindgren to have Maier, Stewart and Associates do a feasibility study, contingent on application for rezoning, motion carried unanimously. Steve Saiko of Comfort Plus Heating, White Bear Lake, presented sketches of the pole building he would like to have built on Lot #3 of Rehbein Industrial Park. He is asking for a variance to the Moratorium Ordinance. Chairman Tourville polled the Commission: Lindgren - He is not against it if it were to have a stone front, if it were dressed up. Drilling - No problem. "It is in Industrial and is a nice building." Vermeulen - No problem. Welk - "We haven't discussed it. We don't know CC feelings. I would rather not decide now." Tourville - He has nothing against it personally, but the City has inacted a moratorium. He would like to find out more about the impact, tax return, etc. Greg Hall of Morton Buildings (Seiko's prospective builder) was present and stated that if P & Z "talks it to death" and "tables it to death" the City will end with no one wanting to move in. Dick Hubers of Lhe EDTF stated that the moratorium has only been in force a couple of months, that the City has a grant for a planner to help with this problem and until we get direction, how can we decide. Centerville has only limited property available and must be careful to get something it can be proud of. Walter Neumann, Council member, was present and added that buildings should be such that taxes are there. The City needs time to get a plan in force. Chairman Tourville brought up the fact that P & Z has asked the City Attorney for advice on a proposed amendment to Ordinance #44 (the moratorium ordinance) and has not yet received a reply. Motion by Drilling, second by Lindgren to grant a variance to Ordinance #44, contingent on acceptance of a site plan. Aye: Planning and Zoning Meeting Minutes Page 4 April 5, 1988 Drilling and Lindgren. Nay: Welk, Vermeulen, and Tourville. Motion failed. It was decided to wait for the advice of the City Attorney, but Mr. Saiko can approach the City Council if he makes arrangements and gets on the agenda. OLD BUSINESS Kent Roessler, Kenco Construction, presented his Strip Mall /Car Wash Proposal. Brian Miller, City Engineer referenced the March 31, 1988, letter to P & Z. (This letter is attached to and made a part of these minutes.) He stated that MSA looked into items such as, construction in a flood plain, gas tanks in a flood plain, and sewer service to the site. A lengthy discussion followed. Motion by Drilling, second by Vermeulen to grant a Special Use Permit for a car wash, a Special Use Permit for gas pumps at the convenience store and also a lot split, with a construction review from the Building Inspector that it meets specifications, and contingent upon approval of other agencies, such as the DNR. Reasons for granting the variances: 1. It is the highest and best use of the land, while providing generally accepted safety separations and considerations; 2. So that he may operate a convenience store in a Commercial District like any other person; 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; 4. The proposed variance will not impair an adequate supply of light and air to adjacent property, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, or welfare of the residents of the City. Motion carried unanimously. Brian Miller presented the Impact Study he prepared at Maier, Stewart and Associates concerning the impact of Creekwood Development on the City. The study addressed impacts of increased traffic loads on Mill Road; increased water demands on the Municipal Water System; the possibility of a MUSA extension Planning and Zoning Meeting Minutes Page 5 April 5, 1988 to include the Creekwood site and the impact on the City Sewer System. Members of the Commission and the audience asked questions and made comments. It appeared to be the concensus of most people present that the study did not present a true picture of the problems involved. Chairman Tourville polled Commission members as to whether they would approve Creekwood at this time: Lindgren - for it. Drilling - against it, unless east /west access and improvement of Mill Road were accomplished. Vermeulen- some reservations and would like to have a public hearing before making a decision. Welk - problems discussed in the past haven't been addressed - three developments will be using Mill Road and it will be 10 years before changes to Mill will come. Tourville- thinks City needs expansion, if problems with traffic, etc. can be resolved, he is for this development. He would vote for rezoning this property. Problems with Mill are already there, whether this development flies or not. Motion by Drilling, second by Lindgren to approve the Sketch Plan contingent on improvement of traffic problems on Mill Road to include sidewalks, widening or east /west connection to 20th Avenue at time of development, motion carried unanimously. Ralph L'Allier, 24297 Heath Avenue North, Forest Lake, asked why another development could request rezoning the first time they appeared wii,h to problem, and he is not hearing it now? He wants it on the record that he feels the stipulation for widening Mill Road and east /west access is a rejection of this project. Discussion of new Zoning Maps and changes still needed followed. The City Attorney will have to be consulted concerning error of R -1 on north Centerville Road that should be R -2. Engineer will discuss problems with City Clerk. Motion by Drilling, second by Welk to table all New Business items for a later meeting, motion carried unanimously. Motion by Tourville, second by Drilling to hold a special meeting on April 19, 1988 for tabled items and further amendments to Ordinance #4, motion carried unanimously. Planning and Zoning Meeting Minutes Page 6 April 5, 1988 Motion by Drilling, second by Lindgren to adjourn the meeting, motion carried unanimously. Meeting adjourned at 12:20 a.m. Respectfully submitted, t jatiett 4 d Beverly A. Hughes Assistant City Clerk OF CENTERVILLE 1694 Sorel Street, Centerville, Minnesota 55038 429-3232 CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING CE IS HEREBY GIVEN that a public hearing will be held before the Planning .d Zoning Commission of the City of Centerville at City Hall on Tuesday, 1 5, 1988, at 7 p.m. The purpose will be to hear all persons present .arding a request for variance for a lot split to split off the following Bribed piece: :,fiat part of the East 246.44 feet, as measured at right angles, of the Southeast Quarter of the Northeast Quarter of Section 23, Township " , 31, Range 22, Anoka County, Minnesota, lying North of a line described as commencing at the Northeast corner of said Southeast Quarter of the Northeast Quarter; thence South along the East line thereof for 310.89 feet to the actual point of beginning of the line to be hereby described; thence deflect 90 degrees 58 minutes 00 seconds to the right in a Westerly direction for 246.48 feet, more or less, to intersect with and terminate at the West line of said East 246.44 feet. the following parcel: COM AT t PT: ON S LINE OF SD' 1/4 1/4' DIST J� . 4 FT li Of SF, COR THERE OF• TH_W ALG JD S LINE TO xS . ' .0 0 4 0' sD T,•14. /4r"� "THxN =F AL 6 tile 0.FAS /4s,'. t y1 534 F r' ` >.? /a' Tit :S 4 89 DEG'1 3*,MIN E r. 16- r."5 'i71' I11 °Te1KS 511 DFA 73. 'MT lj`zzE >1 059:Z73Fer:k TH N 39 DEG 37 MIN E 146 FT + OR — TO C/L OF CO DIT NO r 47, TH NALY ALG SD C/L TO INTER /W A LINE RUN PRLL /W & > 360 fi E OF W LINE OF SD SE1 /4 OF NE1 /4, TH N ALG SD `Y ' a, F' 7 ALINE „ SD .1/4 1/4i TH E4.ALG SDiN 1INE k N ;. F . `,( DEG ' 4;01..N E:* ;5''E.T' 5 �CQR4-OF- b SE1 /4 oFsNEri1 /4=9F aTH.S= 210AIF.T7..•LH "S° i 88 DEG 32 MIN E 125 FT, TH N 214.3 FT TO N LINE OF SD 1/4 1/4, TH E ALG 5D N LINE TO NE COR OF SD 1/4 1/4, TH ALG E LINE THEREOF 3 1 .37 FT. H W PRLL /W THE N NE1 /4 TO E LINE THEREOF. TH S ALG SD E LINE TO SE COR OF SD 1/4 1/4, TH W kLG SD S LINE TO C/L OF CO RD 54, TH LY ALG SD C/L TO INTER C/L OF CO DIT NO 47• TH NWL F r l) 1, Tea° f ) r r' , s _ z ,. -, H l h �R 40 *• d: March 14, 1988 i 1 _ _ / i. .`- iL• Beverly A. 1 ghes, Ass je tant City Clerk • isd CONSULTING ENGINEERS Maier Stewart & Associates Inc. March 31, 1988 File: 260000.00 Planning & Zoning Commission City of Centerville 1694 Sorel Street, City Hall Centerville, MN 55038 RE: Convenience Store Dear Commission Members: As requested, we have researched a few items of concern on the convenience store proposed by Kenco Construction. The major items are construction in a flood plain, locating underground gas tanks in a flood plain and sanitary sewer service for the site. The proposed site is located in the 100 -year flood plain, but outside of the floodway boundary. In general terms, this means the site can be used for the proposed purpose as long as the structures are flood proofed or built up such that the finished floor elevation is at least one foot above the flood elevation. The Rice Creek Watershed District requires review of the project site plan for compliance with proper watershed management. This is due to the location of the site in a flood plain. The size of the site is small enough that detention ponding will not be required. Plans should also be sent to the DNR for approval of proposed flood proofing. Of the agencies contacted, the MPCA, State Fire Marshall's office and the DNR raised concern about locating the underground gas storage tanks in a flood plain. The State Fire Marshall has set standards for installation of underground gasoline storage tanks including provisions for anchoring the tanks. The anchoring is to prevent the tanks from "floating" out of the ground due to high ground water levels. They require a review of the plans. The MPCA has the same concerns as the State Fire Marshall. Presently, the EPA is generating new regulation for gasoline storage tanks. Until the new regulations are effective, the present regulations are used. The MPCA also requires review of the tank installation plans. Concerns of the DNR are that no openings in the tank can be allowed below the one foot freeboard above the 100 -year flood elevation. This includes the fill tubes, any vent tubes or the dispensing piping. 1959 SLOAN PLACE, ST. PAUL, MINNESOTA 55117 612- 774 -6021 Commission Members March 31, 1988 Page Two The last item of concern is the sanitary sewer service to the site. From "As- built" drawing by Milner W. Carley and Associates, dated September 22, 1976, a sanitary service line extends to the property on the north border approximately 90 feet west of the northeast property corner. As verified with Milner W. Carley and Associates, all sewer services shown on this set of plans are 4" diameter extra heavy cast iron pipe. A commercial site such as the proposed convenience store /gas station /car wash generally require a 6" diameter sewer service. If you should have any additional questions, I will be available at your April 5th meeting. Sincerely, MAIER STEWART & ASSOCIATES, INC. r. Brian D. Miller, P.E. BDM /jt